The onus of proving the property was lawfully obtained is on the respondent and any unexplained wealth may be confiscated and forfeited to the State.
Proceeds from forfeited money are used by the WA Police Force to fund operations to target organised crime.
Confiscation of criminal property
The State is permitted to apply to have all assets of a convicted drug trafficker seized regardless of whether they have been lawfully obtained under the powers contained within the Criminal Property Confiscation Act 2000 (CPCA).
The drug trafficker section of the CPCA is conviction based, whereas the unexplained wealth component does not rely on a conviction.
The State only have to prove there is a discrepancy in a person's lawfully acquired income compared to their known assets. It is then up to the individual to prove the assets have been lawfully obtained.
